Legal Question in Medical Leave in California

Fmla

I had a baby in April 2006 and went out on maternity leave. I returned to work in June of 2006. I still have 2 weeks of Paid Family Leave left to take and am eligable through work for FMLA on Sept. 19th 2006 (my one year of employment date and 1250) I have submitted a notice to my company that I will be taking 2 weeks Paid family leave in conjunction with FMLA on Sept 25th thru Oct 9th to care for my 5 month old baby and bond. My company has recently filed CH 11 (August 14th 2006 is the date they filed) Ever since then they have been consolodating employees. They fired one employee while she was out having a tumor removed. they claimed to have eliminated the position therefore making it legal. I am nervous that my leave may inspire them to fire me. Fortunately I am an assistant buyer and they have several assistant buyer positions within the company.1st question: Is there a loop hole somewhere, or can they fire me prior to, during or after my leave? 2nd Question: Can I sue them if they do fire me? (is a company in CH11 sueable?)3rd quest: Are my medical benefits in danger? 4th quest:I may be diagnosed with post partum depression, is it too late to claim disability for that?(5 months after delivery?)Please advise,I am very nervous.


Asked on 9/13/06, 3:38 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Fmla

You should be nervous. You can be fired while on leave, just like any other employee, and you would have to prove it was discrimination, rather than part of reorganization. As long as the company is in Ch 11, that creates further problems and difficulties if considering suit. However, given your facts, the company would be unwise to fire you, because it would appear motivated by discrimination. The risks of suit are substantial if they do. If it happens, feel free to contact me for legal help.

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Answered on 9/14/06, 9:35 pm


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